ЗАСТУПАЊЕ У СРПСКОМ ГРАЂАНСКОМ ЗАКОНИКУ
REPRESENTATION IN LEGAL AFFAIRS IN THE SERBIAN CIVIL CODE

Summary/Abstract: The Serbian Civil Code, following its predecessors and originals, regulates the issue of representation in legal matters. Representation in legal matters is presented in the twenty-second chapter of the Serbian Civil Code, under the title “On Management and Administration”. The Serbian Civil Code, like its Austrian model, regulates representation only as a contract, and not as a general legal institution. More precisely, it is a more advanced concept of indirect representation based on the solutions of Roman law. The representative concludes legal matters in the name and on behalf of the principal, unlike the Roman solution where the representative undertakes legal matters in his own name and on his own behalf. However, the legal relationship between the principal and the representative is not entirely clear. According to the provisions of the introductory, Article 609, representation is carried out by concluding a power of attorney (mandate) agreement. The author will attempt to decipher the legal nature and effect of the power of attorney contract, and possibly determine the existence of elements of direct representation.

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